The Flexible U.S. Constitution
The dozen years prior to the Constitutional Convention was a period in which the "rich and wellborn" exerted considerable influence. These people consisted of merchants, bankers, and big landowners, and they had the power to make themselves heard and thus to press for their particular view of what shape the new nation should take. The U.S. was not the egalitarian society it has been painted to be but was instead marked by social class divisions. From the earliest colonial times, men of influence had received land grants from the crown and had presided over growing estates. The regions that became the first 13 states had their restrictive laws and practices which shut out certain segments of society while inviting in others. In all but Pennsylvania, only property-owning white males could vote or hold office, and excluded were all Native Americans, persons of Africa descent, women, indentured servants, and white males without sufficient property. Property qualifications for holding office were higher than for being able to vote, thus making it certain that the government would be headed only by members of a largely wealthy elite (Parenti 49-50).

The Founding Fathers came from this elite group, and they had specific concepts they wanted to include in the new Constitution and also certain interests they wanted to protect. Many of these men were linked together by kinship, marriage, and business dealings. The delegates to the Consti

 

At the same time, the majority does not have unlimited power. The government developed by the framers is not a strict democracy but a republican form which seeks to protect the minority from a tyranny of the majority. The Bill of Rights is in fact a statement of principles that are not to be curtailed even if the majority wants to do so (McKenna 43-45). The Constitution not only provides the form of government but also codifies certain principles and makes provision for enforcement and adjudication of differences over those principles. These principles as a consequence remain in force today in spite of shifts in the public consensus over time. It is always possible to amend the Constitution and to change those principles, but the process for doing so is deliberately difficult in order to avoid making the country, and any minority within the country, hostage to the vagaries of public opinion (McKenna 40-41).

The Founders also instituted super majorities for voting on certain issues as a way of assuring that these issues would be decided in favor of the vast majority of Americans and not on the basis of a small group that could achieve a plurality. Changing the Constitution is one such issue--the Framers meant for it to be difficult and so called for a 2/3 vote in the House and Senate and a 3/4 agreement by the states. Amendments have been made when the country really believed it was necessary for there to be a change, and such changes required a higher majority vote than an election would because an Amendment to the Constitution will last for a long time, while the results of any election can be negated with the next election.

Another group holds that Beard is ignoring the fact that there were very few propertyless people in America at the time, with the exception of the slaves.

The ratification of the Constitution was complicated by the differences between the Federalists and their opponents. There was an attempt to accommodate both sides with th

 
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